Legal Definitions - arrêt

The term arrêt originates from French civil law and refers to a formal, authoritative decision or order.

• First, it can signify a judgment, sentence, or decree issued by a court that possesses the legal authority to make such a ruling. This represents the court's final determination in a legal matter.
• Second, it can refer to a formal order or proclamation issued by a sovereign or head of state.

Examples:

• Imagine a high court in a civil law jurisdiction, such as the French Court of Cassation, issuing a final ruling on an appeal concerning a complex commercial contract dispute between two multinational corporations. The court's decision clarifies the interpretation of specific contractual clauses and determines the rights and obligations of the parties involved.

  This definitive ruling, which resolves the legal conflict and provides a binding interpretation of the law, would be referred to as an arrêt. It is a formal judgment from a court with competent jurisdiction.

• Consider a historical scenario where a monarch in a European civil law country, during their reign, issued a formal declaration to establish a new system of taxation across their territories or to grant specific trading rights to a particular guild. This declaration would be publicly proclaimed and carry the full force of law within the kingdom.

  Such a formal proclamation, directly from the sovereign and having the effect of law, would also be considered an arrêt, representing a decree from the head of state.